Cell phones and suing telemarketers

Since I am involved in suing telemarketers, periodically I get friends and do-gooders informing me that my cell phone is going to get bombarded by telemarketing calls because the cell phone data bases are going to be released to telephone solicitors. According to the FTC, this has never been the case, would be illegal, and will never be the case. If your cell phone is your personal phone, you should be protected by the same laws as you home phone. The same way I can’t guarantee you that telemarketers will not break the law and bother you at home, I can only give to you the same advise on your cell numbers. There will be solicitors who will break the law; no way around it. But you will have the same rights to sue telemarketers’ asses for violations to your cell number.

Have you ever received one of these e-mails from a concerned party?:
“JUST A REMINDER…In a few weeks, cell phone numbers are being released to telemarketing companies and you will start to receive sale calls. YOU WILL BE CHARGED FOR THESE CALLS… To prevent this, call the following number from your cell phone: 888/382-1222. It is the National DO NOT CALL list. It will only take a minute of your time. It blocks your number for five (5) years. PASS THIS ON TO ALL YOUR FRIENDS…”
Another version claims:
“The Federal Trade Commission has set up a “do not call” list. It is called a cell phone registry. To be included on the “do not call” list, you must call from the number you wish to register.”

First of all, the five year rule has been replaced by the earlier of lifetime or you removing yourself from the “do not call registry”.

According to the FTC, here’s what you need to know about the National Do Not Call Registry program:
• FCC regulations prohibit telemarketers from using automated dialers to call cell phone numbers. Automated dialers are standard in the industry, so most telemarketers are barred from calling consumers on their cell phones without their consent.
• The federal government does not maintain a national cell phone registry. Personal cell phone users have always been able to add their numbers to the National Do Not Call Registry — the same Registry consumers use to register their land lines — either online at www.donotcall.gov or by calling toll-free 1-888-382-1222 from the telephone number they wish to register. Registrations become effective within 31 days of signing up and are active until removed. There is no cut-off date or deadline for registrations.
• Business-to-business calls are not covered under the Registry.

So what you are saying is that if my cell phone is a business phone any other business that telemarkets me is ok and legal. Even if I put my phone on the do not call registry they can legally do so because it is business to business.